table of contents
May [Legal] Newsletter
The Ministry of Internal Affairs and Communications publishes "Illegal Information Guidelines" for large-scale platform operators
The Act on Countermeasures against Information Distribution Platforms (commonly known as the Information Distribution Platform Act), which amended the Act on Limitation of Liability of Providers, came into force on April 2025, 4. The Information Distribution Platform Act requires large-scale platform operators, such as social media operators, to take the following measures in order to deal with illegal and harmful information on the internet, including slander.
Accelerating removal of infringing information
- Establishment and publication of a contact point and procedure for requesting deletion
- Establishment of a system for responding to requests for deletion (e.g., selection of individuals with sufficient knowledge and experience)
- Judgment and notification regarding deletion request (in principle, within a certain period of time)
Transparency of operational status
- Establishment and publication of removal criteria (including publication of implementation status)
- If deleted, notify the caller
In conjunction with the enforcement of the Information and Communications Technology Act, the following ministerial ordinances and guidelines were published on March 2025, 3.
ministerial ordinance
- Requirements for designation as a "large-scale specified telecommunications service provider" (average monthly callers: 1000 million, etc.)
- Clarification of the "certain period" for making a decision and notifying a deletion request (7 days)
- Specific items to be disclosed when publishing information on operational status
– The number of cases where infringing information was deleted within a certain period of time in response to a request to delete the information, and the number of cases where it was not deleted and the reason was given
– Number of cases that were deleted after receiving reports from users or public institutions and number of cases that were not deleted
– Number of deletions and account suspensions using AI
– Explanation of the number of content moderators who understand Japanese and the human and technical structure
etc.
Guidelines that provide interpretation of the law
It includes an interpretation of the phrase "not imposing an excessive burden on those who wish to make a request" and specific requirements for "infringement information investigation specialists," etc.
Illegal Information Guidelines
Clarifies what kind of information distributing constitutes a violation of rights or laws and regulations. Also provides examples of illegal information that large-scale specified telecommunications service providers should include when formulating "standards for implementing measures to prevent transmission."
The Illegal Information Guidelines list the following as examples of the rights and interests that are subject to the law, and provide explanations with references to laws, regulations, and case law.
Targeted rights and interests
- Right to Honor
- A sense of honor
- Your Privacy
- Peace of mind in personal life
- Portrait right
- Name rights
- Publicity rights
- Copyright and Related Rights
- Trademark
- Operating profit
<Reference URL>
Ministry of Internal Affairs and Communications website: Response to illegal and harmful information on the Internet
https://www.soumu.go.jp/main_sosiki/joho_tsusin/d_syohi/ihoyugai.html
Customs website: Illegal Information Guidelines
https://www.soumu.go.jp/main_content/001001531.pdf
Customs website: Outline of ministerial ordinances and guidelines
https://www.soumu.go.jp/main_content/001001532.pdf
The first trademark registration using the "consent system"
A news release from the Ministry of Economy, Trade and Industry revealed that the first trademark registration using the "Consent System" has been made by the Japan Patent Office.
The "Consent System" is a system whereby registration is permitted even when there is a prior trademark that includes the same or similar designated goods or services, if the prior trademark owner has given consent and it is determined that there is no risk of confusion with the prior trademark. In response to the need to expand the range of brand choices for small and medium-sized enterprises and start-ups, and from the perspective of harmonization with other countries that have similar systems, the system has become available for applications filed on April 2024, 4.
The trademarks that have been registered for the first time through application of the consent system are as follows:
Registration number: No. 6916217
trademark:
Rights holder: Kurumada Shuzo Co., Ltd.
Classification and designated products: Class 33 Sake, etc.
The person who approved the registration of the above trademark was Shadi Co., Ltd., which holds Registration No. 5991116. Registration No. 5991116 includes Class 35, “provision of benefits to customers in the retail or wholesale business of alcoholic beverages,” as a designated service, which conflicted with the designated goods of the later-filed trademark.
(Registration No. 5991116)
According to the J-Plat Pat progress information for the newly registered Registration No. 6916217, the applicant submitted a letter of consent as "materials that may indicate the consent of another person" in a statement approximately three months after the filing of the application, as well as a letter of agreement and materials regarding the business activities of both the applicant and the owner of the prior trademark as "materials that clarify that there is no risk of confusion." Thereafter, the application was approved for registration without any notice of refusal being issued.
In addition, thanks to an improved function of J-Plat Pat released on March 2025, 3, it is now possible to check on J-Plat Pat whether a registered trademark is subject to the consent system.
J-Plat Pat allows you to narrow down your search by whether or not a trademark has a "consented concurrent registration" using the search options, and you can also check whether or not a trademark has a consented concurrent registration in the "Application Information" tab on the "Trademark Application/Registration Information" screen, "Public Relations Display" screen, and "Progress Information Inquiry" screen for each trademark.
reference:
"First trademark registration made under the 'Consent System'" (Ministry of Economy, Trade and Industry)
https://www.meti.go.jp/press/2025/04/20250407001/20250407001.html
"Improvements to J-PlatPat functions" (National Center for Industrial Property Information and Training)
https://www.inpit.go.jp/content/100883922.pdf
(April 2025, 4. Some excerpts and summaries used by our office.)
Accelerated Design Examination and Accelerated Review System
Also applies to startup implementation-related applications
The accelerated examination and accelerated trial system is in place to respond appropriately to the societal need for early protection of designs. As of April 7, 4, "implementation-related applications by startups" have become eligible for accelerated examination and accelerated trial.
Below is a brief explanation of the accelerated examination system. The accelerated appeal system will be explained in the next issue or later.
Eligible for accelerated examination
Design applications that meet the following requirements are eligible for accelerated examination. However, applications for multiple designs in one package are not eligible. In addition, designs related to images are eligible for accelerated examination if they are filed by a startup, but other designs will continue to be ineligible for accelerated examination because they require extensive searches and careful judgment.
(1) Applications related to the implementation of which urgent consideration is required for granting of rights
The applicant, licensee, etc. is working a design or has made considerable preparations to work the design, and the granting of a right is urgently required, and any of the following conditions is met:
① A third party is implementing the design (including a similar design) without permission, or is making substantial preparations to implement the design
② Received a warning from a third party
3) A license is being requested from a third party
(2) Startup-related implementation applications
An application filed by a startup in which the applicant, licensee, etc. is working the design or has made considerable progress in preparing to work the design.
This system enables applicants to strategically obtain design rights through interviews held before the results of the first examination are notified, and enables the applicant to obtain high-quality design rights by responding with the speed of early examination.
(2-1) What is an application by a startup?
The application must be filed by any or all of the following applicants:
① Individual business owners who have not yet started their business for 10 years
② A corporation with 20 or fewer regular employees (5 or fewer for commercial or service industries), less than 10 years since its establishment, and not controlled by a large corporation.
3) A corporation whose capital or total investment amount is less than 10 million yen, which has been in existence for less than XNUMX years, and which is not controlled by a large corporation.
(2-2) What is an implementation-related application?
An application in which the design is being worked or preparations for working are in substantial progress.
(3) Foreign-related applications
The application must also be filed by the applicant with a patent office or intergovernmental organization other than the Japan Patent Office.
Procedures for requesting accelerated examination
To request an accelerated examination, a "Explanation of Circumstances Concerning Accelerated Examination" must be submitted.
Explanation of circumstances concerning accelerated examination
(1) Submitted by: Applicant
(2) Submission period: Can be submitted after the application date
(3) Method of submission: online or paper
(4) Main items to be included:
①In the case of an application related to the implementation of a patent that requires urgency in obtaining the right
Explanation of implementation status
Description of the emergency situation
Prior Design Search
②In the case of an implementation-related application by a startup
Explanation of being a startup
Explanation of implementation status
3) In the case of a foreign-related application
Indication of applications to patent offices other than the Japan Patent Office
Prior Design Search
*The "Explanation of Circumstances Concerning Accelerated Examination" will be available for viewing after registration. If a trade secret is included, the description of the trade secret may be omitted by indicating that the trade secret will be disclosed during the hearing, etc.
(5) Fee: No fee required
From the Japan Patent Office website
URL: https://www.jpo.go.jp/system/design/shinsa/soki/isyou_soukisinri.html
JATAFF launches call for applications for financial support for new overseas trademark applications (deadline May 2025, 5)
Starting in fiscal year 7, the Japan Agriculture, Forestry, Fisheries and Food Technology Advancement Association (JATAFF), a public interest incorporated association, has begun accepting applications for "Overseas Trademark Registration Application Support" and "Overseas Infringement Countermeasure Support" as part of an emergency countermeasure project to protect Japanese agricultural products and varieties and help strengthen export capabilities by preventing the outflow of new plant varieties and other products overseas.
This program subsidizes the costs associated with applications for intellectual property rights and disputes, as a measure against the risk of varieties and agricultural products developed and produced in Japan being copied or used without permission overseas.
This support measure will be a major boost for breeders and agricultural corporations working to expand exports, both in terms of maintaining brand value and ensuring market competitiveness.
*To receive support, you will need to submit an application to JATAFF during the application period (April 2025, 4 to May 16, 2025).
For more details, please see the following page.
https://www.harakenzo.com/project/jataff-trademark/
Support for overseas trademark registration applications
This is a system that subsidizes the application costs for trademarks, designs, patents, geographical indications, etc. overseas, with the aim of protecting the brands and promoting exports of Japanese agricultural products and processed goods.
Intellectual property covered: trademarks, patents, designs, geographical indications, etc.
Subsidy rate: Fixed amount or 1/2
Implementation period: From the date of grant decision to March 8, 3
Support for overseas infringement countermeasures
This is a system that supports the costs of measures against unauthorized cultivation and imitation overseas of Japanese cultivated varieties and agricultural products. It covers a wide range of responses to infringement, including warnings, disputes, and investigations.
Supported cases: Infringement, doubts and disputes concerning breeder's rights, trademark rights, etc.
Subsidy rate: Fixed amount
Eligible expenses: Lawyer/patent attorney fees, appraisal/investigation fees, litigation support fees, interpretation/translation fees, etc.
Implementation period: From the date of grant decision to March 8, 3
Newsletter translated into English
Ministry of Internal Affairs and Communications Publishers “Illegal Information Guidelines” for Large-scale Platform Operators.
On April 1, 2025, the “Information Distribution Platform Act ” (IDPA), which partially amends the Provider Liability Limitation Act, came into effect. The IDPA obliges large-scale platform operators such as Social Networking Service operators to take the following measures to deal with illegal and harmful information on the Internet such as defamation.
Prompt action regarding removals (rights-infringement information)
- Establishment and public announcement of removal request contact points and procedures
- Establishment of a system for responding to removal requests (eg, appointment of a person with sufficient knowledge and experience).
- Judgment and notification of removal requests (generally, within a certain period of time)
Transparency of operational status
- Establishment and publication of removal standards (including publication of operational status)
- Notification to users sending information when posts are deleted
The following ministerial ordinances and guidelines were published on March 11, 2025, in order to implement the IDPA.
Ministerial Ordinances
- Requirements for designation as a “Large-Scale Specified Telecommunications Service Provider” (eg average of 10 million users sending information per month, etc.)
- Clarification of “certain period of time” for judgment and notification of removal request (7 days)
- Specific items to be disclosed in the public announcement of the operational status
– Number of cases in which a notification of deletion within a certain period of time was given in response to removal requests of infringing information, and the number of cases in which notification of non-deletion and reasons such was given.
– Number of cases that were removed in response to reports from users and public agencies, and number of cases not removed.
– Number of deletions and account suspensions using AI
– Description of the number of content moderators who understand Japanese and their personal and technical structure
Other provisions exist in addition to the above.
Guidelines for Interpretation of Laws
The interpretation of “shall not impose an excessive burden on a person who intends to make a request” and specific requirements for “infringement information investigation specialists” are described.
Illegal Information Guidelines
Clarifies what kind of information distribution constitutes infringement of rights and violation of laws and regulations. It also provides examples of illegal information that should be included when a large-scale specified telecommunications service provider formulates “Standards for Implementation of Transmission Prevention Measures”.
The Illegal Information Guidelines provide the following examples of rights and interests to be covered by the guidelines, and explain them with examples of laws, regulations, and judicial precedents.
Rights and interests to be covered
- Right to reputation
- Emotional self-esteem
- Privacy
- Peace in private life
- Portrait rights
- Name rights
- Publicity rights
- Copyrights and adjacent rights
- Trademark rights
- Business interests
＜Reference URL＞ (Japanese only)
Ministry of Internal Affairs and Communications website: Response to illegal and harmful information on the Internet
https://www.soumu.go.jp/main_sosiki/joho_tsusin/d_syohi/ihoyugai.html
Customs website: Illegal Information Guidelines
https://www.soumu.go.jp/main_content/001001531.pdf
Customs website: Summary of Ministerial Ordinances and Guidelines
https://www.soumu.go.jp/main_content/001001532.pdf
First Trademark Registrations Using “Consent System”
The first trademark registrations in which the “Consent System” was applied have been made by the Japan Patent Office, according to a news release from the Ministry of Economy, Trade and Industry.
The “Consent System” is a system under which a trademark may be registered even if there is a prior trademark that includes identical or similar designated goods or services, provided that the prior trademark owner's consent is obtained and it is determined that there is no likelihood of confusion with the prior trademark. 1.
The trademarks registered for the first time as a result of the application of the Consent System are as follows.
Registration No.: 6916217
Trade mark:
Rights holder: Shata Shuzo Co,. Ltd.
Classification and designated goods: Class 33 Sake, etc.
Registration of the above trademark was approved by Shaddy Co., Ltd., which holds registration No. 5991116. The registration No. 5991116 included in the designated services “provision of convenience to customers in the course of retail or wholesale of alcoholic beverages” in Class 35, which conflicted with the designated goods of the above subsequent application trademark.
(Registration No. 5991116)
According to the case history records in the J-Plat Pat database for registration No. 6916217, which was registered this time, the applicant submitted approximately three months after the application was filed a Written Statement with a letter of consent as “materials proving that the applicant has obtained the consent of others”, a letter of agreement as “materials clarifying that 'there is no likelihood of confusion'”, and materials on the business activities of the applicant and right holder of the prior trademark. Thereafter, the trademark was granted without an Office Action being issued.
It should be noted that it is now possible to check on J-Plat Pat whether a registered trademark is covered by the Consent System or not, thanks to the J-Plat Pat functional improvement that was re-released on March 23, 2025.
J-Plat Pat allows users to narrow down searches by the presence or absence of “Concurrent Registrations by Consent”. In addition, users can check whether or not a trademark is registered with consent on the “Application Information” tabs of the “Trademark Application and Registration Information” screen, “Publication Display” screen, and “Case History Information Inquiry” screen for each trademark.
Reference:
“Registration of first trademark in which 'Consent System' was applied”. (Ministry of Economy, Trade and Industry)
https://www.meti.go.jp/press/2025/04/20250407001/20250407001.html
“J-PlatPat Functional Improvement” (National Center for Industrial Property Information and Training Institute)
https://www.inpit.go.jp/content/100883922.pdf
(Extracted and summarized by the firm in part on April 10, 2025)
Accelerated Examination/Accelerated Appeal Examination System also Applicable to Working-related Applications by Startups.
In order to accurately respond to the social need for early protection of designs, an accelerated examination/accelerated appeal examination system has been established. From April 1, 2025, “working-related applications by start-ups” have newly become subject to accelerated examination and accelerated appeal examination.
The following is a brief explanation of the accelerated examination system. The accelerated appeal system will be explained in a subsequent newsletter.
Subjects to Acceleration Examination
Applications for design registrations that meet the following requirements are eligible for accelerated examination. However, collective applications for multiple designs are not eligible. In addition, designs related to graphic images are eligible for accelerated examination if filed by a start-up, but are still not eligible for accelerated examination in other cases, as extensive search and careful judgment is required.
(1) Working-related applications that require urgent action to obtain rights
Cases in which any of the following applies, the applicant or licensee, etc. is working or preparing to work the design to a considerable extent, and urgent action is required with regards to grant of rights.
(i) A third party is using the design (including similar designs) without permission, or is preparing to use the design to a considerable extent.
(ii) Third party warnings are received.
(iii) A license is being sought by a third party.
(2) Working-related applications by startups
The application must have been filed by a start-up and the applicant, licensee, etc. must be working the design or preparing to work the design to a significant degree.
Under this system, through interviews conducted prior to the notification of the first examination result, the applicant can strategically acquire design rights, respond with the speed of an accelerated examination, and acquire high-quality design rights.
(2-1) What constitutes an application filed by a start-up?
The application is one in which one or more of the applicants is in any of the following categories:
(ii) Legal entities that have less than 20 full-time employees (5 full-time employees for commercial or service businesses), have been in existence for less than 10 years, and are not controlled by a large corporation.
(iii) Legal entities with capital or total investments of 300 million yen or less, which have been in existence for less than 10 years, and are not controlled by a large corporation.
(2-2) What is a working-related application?
The application is one in which the design is being worked or is being prepared to be worked to a considerable extent.
(3) Foreign-related applications
(2) The application is one which the applicant has also filed with a patent office other than the Japan Patent Office or an intergovernmental organization.
Procedures for Requesting Accelerated Examination
To request accelerated examination, a “Statement of Circumstances Regarding Accelerated Examination” must be submitted.
“Statement of Circumstances Regarding Accelerated Review”
(1) Submitter: Applicant
(2) Time of submission: Can be submitted on or after the application date
(3) Submission method: Online or in writing
(4) Main items to be described:
① In the case of a working-related application that requires urgent action regarding the grant of rights
Explanation of the working status
Explanation of the urgency of the situation
Prior design search
② For working-related applications by startups
Explanation that the applicant is a start-up
Explanation of the working status
③ In the case of a foreign-related application
Indication of an application filed with a patent office other than the Japanese Patent Office
Prior design search
*The “Statement of Circumstances Regarding Accelerated Examination” will be available for inspection after registration. If trade secrets are included, the statement of trade secrets may be omitted by indicating that they will be clarified during a hearing, etc.
(5) Official fee: Not required
From the JPO website
URL: https://www.jpo.go.jp/system/design/shinsa/soki/isyou_soukisinri.html